FOR LIBELS. to the said plaintiff, to wit, at, &c. (venue). Yet the said defendant, well knowing the premises, but contriving and maliciously intending to injure the said. plaintiff in his said character, and to bring him into public scandal, infamy, and disgrace, with and amongst all his neighbors, and other good and worthy subjects of this realm, and particularly with the said E. F. and to cause it to be suspected and believed that the said plaintiff was not fit to be employed as a servant, and that he was [bad-tempered, and a lazy and impertinent fellow,] and thereby to prevent the said E. F. from retaining and employing the said plaintiff in his service, as he otherwise might and would have done, and to vex, harass, oppress, impoverish, and wholly ruin the said plaintiff, and to deprive him of the means of supporting himself by honest and industrious employment, heretofore, to wit, on, &c. at, &c. (venue) aforesaid, wrongfully and unjustly did compose and publish a certain false, scandalous, malicious, and defamatory libel of and concerning the said plaintiff, and of and concerning him in his said employment, and as such servant, containing therein the false, scandalous, malicious, and defamatory and libellous matter following, of and concerning the said plaintiff, and of and concerning him in his said employment, as such servant as aforesaid, that is to say, [here set out the libel with proper innuendoes, which in the case from which this form was drawn, was as follows: he (meaning the said plaintiff) is a bad-tempered, lazy, impertinent fellow.]-[Add other counts as the case may suggest, and a count stating the libel to be of and concerning plaintiff, without reference to his character of servant.]—By means of the Damage. committing of which said grievances the said plaintiff hath been, and is greatly injured in his said good character, and brought into public scandal, infamy, and disgrace, with and amongst all his neighbors, and other good and worthy subjects of this realm, to whom he was in anywise known, insomuch that divers of those neighbors and subjects, and in particular the said E. F. to whom the [good temper, fidelity, activity, and civility(m)] of the said plaintiff, in the capacity of a servant, and otherwise, were unknown, have, on occasion of the committing of the said grievances, from thence hitherto suspected and believed, and the said E. F. still doth suspect and believe the said plaintiff to have been and to be *a [bad-tempered, lazy, and impertinent person(n),] and unfit to be retained [ *632 ] or employed in the capacity of a servant. And also by reason thereof, the said E. F. afterwards, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, refused and declined to retain and employ the said plaintiff in his service as a [footman] or otherwise, as he otherwise might and would have done; and by reason thereof, he the said plaintiff hath not only lost and been deprived of the support, sustenance, wages, gains, and emoluments, which might and would otherwise have arisen and accrued to him, from and by reason of his being so retained and employed as last aforesaid, but hath from thence hitherto remained and continued, and still is out of employ, and deprived of the opportunity of supporting himself by honest and industrious means, and hath been and is, by means of the said several premises, otherwise greatly injured and damnified, to wit, at, &c. (venue) aforesaid. To the damage of the said plaintiff of £-, and therefore he brings his suit, &c. (m) These averments must depend on the words used in the libel. (n) These averments must depend on the words used in the libel. [Proceed as usual, as in the form, ante, 620, to the asterisk, 622, mutatis mutandis, and then as follows :]~" In a certain newspaper, called the — (the title of the newspaper,) falsely and maliciously, &c."—[Proceed as usual to set out the libel.] [Proceed as usual, as in the form, ante, 620, to the asterisk, 622, mutatis mutandis, and then as follows :]—" In the form of a letter addressed to one E. F. falsely and maliciously, &c."-[Proceed as usual to set out the libel.] [Proceed as usual, and after the statement of the defendant's malicious intent, as ante, 622, or ante, 627 *mutatis mutandis, proceed thus:] "falsely, wickedly, and maliciously did [compose and] publish, and cause and procure to be [composed and] published, of and concerning the said plaintiff, [and of and concerning," &c. if any special inducement to be referred to,] a certain false, scandalous, malicious, and defamatory libel, in a certain part of which said libel there was and is contained, amongst other things, the false, scandalous, malicious, defamatory, and libellous matter following, of and concerning the said plaintiff, [and of and concerning, &c. if any special inducement to be referred to,] that is to say, [here set out the libellous paragraph, with innuendoes, as usual, then proceed thus:] and in another part of which said libel there was and is contained, amongst other things, the false, scandalous, malicious, defamatory, and libellous matter following, of and concerning the said plaintiff, [and of and concerning, &c. if any special inducement to be referred to,] that is to say, [here set out the libellous paragraph, with innuendoes as usual ;] and in part, &c. [so proceeding on to state any other libellous paragraph, and conclude as in other cases.] FOR VER BAL DER. 10. For slanderous words, indirectly accusing the plaintiff of a specific offence(q). [Commencement and conclusion as usual, as ante, 596.]-For that whereas the SLAN said plaintiff now is a good(r), true, honest, just, and faithful subject of this realm, and as such hath always behaved and conducted himself, and until the committing of the several grievances by the said defendant, as hereinafter mentioned, was always reputed, esteemed, and accepted, by and amongst all his neighbors, and other good and worthy subjects of this realm, to whom he was in anywise known, to be a person of good name, fame, and credit, to wit, at, &c. (venue). And whereas also the said plaintiff hath not ever been guilty, or, until the time of the speaking and publishing of the several false, scandalous, malicious, and defamatory words, [or say, " committing of the said several griev[ *634 ] ances"] by the said defendant, as *hereinafter mentioned, been suspected to have (0) There is no necessity for this averment, though it is usual. In Richmond v., M. T. 1830, the declaration stated that the defendant "published a certain libel, &c. in the Times," without saying "in a certain newspaper called the Times," and the court held this sufficient. (p) It is not necessary to set out the whole of the obnoxious publication, it is sufficient to extract the obnoxious passages, provided their sense be clear and distinct, 8 Mod. 329.-1 Stark. on Slander, 2d edit. 380. But where distinct passages are extracted from the same libel, and set out in the declaration, care should be taken to distinguish them, as in the above form, or otherwise, for if the facts were to be set out continuously, and the sense were thereby to be altered, the variance would, it seems, be fatal, 1 Campb. 350.-Ry. & Moo. C. N. P. 112.-1 Stark. on Slander, 380, 381. Sed query. slander in general, see ante, vol. i. 428 to 438, and inducement, see ante, 620, note. FOR VERBAL SLANDER. ducement. been guilty of theft, [the crime charged] or of any other crime as hereafter stated to have been charged upon and imputed to him by the said defendant. By means whereof the said plaintiff, before the committing of the said several grievances by the said defendant, as hereinafter mentioned, had deservedly obtained the good opinion and credit of all his neighbors, and other good and worthy subjects of this realm, to whom he was in any wise known, to wit, at, &c. (venue) aforesaid.-[Here state the special inducement necessary to explain Special inthe slander, and as to which inducement, see ante, 621, and vol. i. p. 429. In the case upon which this precedent was framed, the inducement was as follows: -And whereas also before and at the time of the committing of the grievances by the said defendant, as hereinafter mentioned, divers goods and chattels, to wit, two spoons, and six linen cloths of one E. F. of the value, to wit, of £5, had been and were feloniously stolen, taken, and carried away, to wit, at, &c. (venue) aforesaid.]-Yet the said defendant well knowing the premises, but greatly envying the happy state and condition of the said plaintiff, and contriving and wickedly and maliciously(s) intending to injure the said plaintiff in his said good name, fame, and credit, and to bring him into public scandal, infamy, and disgrace, with and amongst all his neighbors, and other good and worthy subjects of this kingdom, and to cause it to be suspected and believed by those neighbors and subjects, that he the said plaintiff had been and was guilty of [theft], as hereafter stated to have been charged upon and imputed to him by the said defendant, and to subject him to the pains and penalties by the laws of this kingdom, made and provided against and inflicted upon persons guilty thereof, and to vex, harass, oppress, impoverish, and wholly ruin him the said plaintiff, heretofore, to wit, on, &c. [day of speaking the words, or about it. The precise day stated need not be proved] at, &c. (venue) aforesaid, in a certain discourse, which the said defendant then and there had of and concerning the said plaintiff, and of and concerning the said [theft of the said goods and chattels, in the presence and hearing of [one G. H. and of] divers(t) good and worthy subjects of our lord the *king, then and there, in the presence and [ *635 ] hearing of the said last-mentioned subjects falsely and maliciously (u) spoke and published, of and concerning the said plaintiff (w), and of and concerning the said [theft of the said goods and chattels(r),] the false, scandalous, malicious(y), and defamatory words following(z), that is to say, [he(a) (meaning the (s) As to the statement of the defendant's mahcious intent, see ante, 622, note (u). (t) It is said that if the words are laid to be spoken before E. F. and others, it is sufficient to prove that they were spoken in the presence of others only, Bu). N. P. 6. (u) As to the statement of the malicious intent, see ante, 622, note(u). The declaration may be either, that the defendant "falsely spoke" the words, or that he spoke "the false words," 1 Keble, 273. (w) The declaration must show, by a colloquium or otherwise, that the words were spoken of and concerning the plaintiff, sec ante, vol. i. 432. (x) This averment is material when the words are actionable only with reference to some prior inducement in the declaration, see ante, vol. i. 432. -2 Saund. 307 a, note 1. 1 (y) This allegation is a sufficient averment of malice, ante, 622, u.-1 Saund. 242 a, n. 2. VOL. II. 62 East, 563, but the word "false" is not necessary, (z) Verbal slander should be stated in this man- (a) The slanderous words should be stated as FOR VERBAL Second count. said plaintiff(b)) had a hand in the affair (meaning the said theft of the said SLANDER. goods and chattels), and thereby then and there (meaning that the said plaintiff had been and was guilty of feloniously stealing, taking, and carrying away the said goods and chattels).]-[Add such other counts as the slander may suggest. The following may be the form of a second or subsequent count for slander, indirectly accusing the plaintiff of an offence, and which is explained by an inducement in some prior count of the declaration.]-And afterwards, to wit, on the day and year last aforesaid, at, &c. (venue) aforesaid, in a certain other discourse which the said defendant then and there had of and concerning the said plaintiff, and of and concerning the said, &c. [the matter alluded to in the inducement] in the presence and hearing of divers other good and worthy subjects of this realm, the said defendant further contriving and intending as aforesaid, then and there, in the presence and hearing of the said last-mentioned subjects, falsely and maliciously spoke and published of and concerning the said plaintiff, and of and concerning the said, &c. [the maller alluded to in the inducement] the false, scandalous, malicious, and defamatory words following, (that is to say) &c. [Here set out the slander with proper innuendoes. Conclude, stating the damage thus:]-By means of the speaking and publishing of which said several false, scandalous, malicious, and defamatory words, [or, "committing of which said several grievances"] by the said defendant as aforesaid, the said plaintiff hath been, and is greatly injured in his said good name, fame, and credit, and brought into public scandal, infamy and disgrace, with and amongst all his neighbors, and other good and worthy subjects of this realm, insomuch that divers of those neighbors and subjects, to whom the innocence and integrity of the said plaintiff in the premises were unknown, have, on account of the speaking and publishing of which said several false, scandalous, malicious, and defamatory words, [or," committing of the said grievances"] by the said defendant as aforesaid, from thence hitherto suspected and believed, and still do suspect and believe the said plaintiff to have been, and to be a person guilty of [theft], so as aforesaid charged upon and imputed to him by the said defendant, and have, by reason of the committing of the said griev ances by the said defendant as aforesaid, from thence hitherto wholly refused, [ *637 ] *and still do refuse to have any transaction, acquaintance, or discourse, with Damage. him the said plaintiff, as they were before used and accustomed to have, and otherwise would have had, and also, by reason of the premises, &c. [Here state any special damage that may have arisen to plaintiff in consequence of the slander.]—And also by means of the premises the said plaintiff hath been, and is otherwise much injured and damnified, to wit, at, &c. (venue) afore they were uttered, ante, vol. i. 434. Proof of words spoken in the third person will not support a declaration for words spoken in the second, and vice versâ, 4 T. R. 217.-Bul. N. P. 5. Nor will words spoken by way of interrogation support a charge of words spoken affirmatively, 8 T. R. 150. The plaintiff need not prove all the words laid, if they do not constitute one entire charge, and the nonproof would not alter its meaning, though he must prove such of them as will be sufficient to maintain his action, and it will not suffice to prove equivalent expressions, ante, vol. i. 435.-Though some of the words spoken may not be actionable, yet if they be spoken at the same time as those which are actionable, they may all be stated in one count, 10 Rep. 131 a.-2 Saund. 307 a, n. 1.-S Wils. 185.-Dyer, 75 a. But if words which are not actionable be stated by themselves in a distinct count, and entire damages be given, judgment will be ar rested, id. ibid. It has been held, that words not stated in the declaration, may, though actionable in themselves, be given in evidence, in aggravation of damages, Peake, C. N. P. 125, 22, 166.—Bul. N. P. 7.-1 Campb. 48, 9. (b) As to the use and necessity for an innuendo, see ante, vol. i. 436. said. suit, &c. To the damage of the said plaintiff of £-, and therefore he brings his on the taking of which FOR VERRAL SLANDER. charging perjury on cial induce words(c). [Commence with the usual inducement of the plaintiff's good character, as in 11. For the preceding form, and then proceed :]—And whereas also before the speaking plaintiff with of the several false, scandalous, malicious, and defamatory words by the said the execudefendant of and concerning the said plaintiff, in the counts hereinafter tion of a writ of inquiry, mentioned, a certain action was depending in his majesty's court of exchequer with a speat Westminster, wherein one W. H. was the plaintiff, and one W. S. the defen- ment to exdant, and in which said suit, before the speaking and publishing of the same plain the words, to wit, on, &c. a certain inquisition of damages sustained by the said W. H. was in due form of law taken before the sheriff of, &c. by the oath of twelve good and lawful men of his bailiwick, at, &c. said inquisition as aforesaid, he the said plaintiff was duly sworn, and did take his corporal oath upon the Holy Gospel of God, before the said sheriff, he the said sheriff then and there having sufficient and competent power and authority to administer an oath to the said plaintiff in that behalf, and the said plaintiff being so sworn, and having so taken his corporal oath, was then and there examined, and did give his evidence as a witness on the taking of the said inquisition, to wit, at, &c. (venue) aforesaid; and the said plaintiff further saith, that the said defendant well knowing the premises, but greatly envying the happy state and condition of the said plaintiff, and contriving and intending to injure the said plaintiff in his aforesaid good name, fame, and character, and bring him into public scandal, infamy, and disgrace, with and amongst all his neighbors, and other good and worthy subjects of this realm, to whom he was in any wise known, and to cause it to be suspected and believed by those neighbors and subjects, that he the said plaintiff had been, and was guilty of perjury, *and to [ *638 ] subject him to the pains and penalties by the laws of this kingdom made and provided against, and inflicted upon persons guilty thereof, and also to vex, harass, oppress, impoverish, and wholly ruin him the said plaintiff heretofore, to wit, on, &c. at, &c. (venue) aforesaid, in a certain discourse which the said defendant then and there had with the said plaintiff, in the presence and hearing of divers good and worthy subjects of this realm, the said defendant, in the presence and hearing of the said last-mentioned subjects, falsely and maliciously spoke and published of and concerning the said plaintiff, and of and concerning the said inquisition so taken as aforesaid, and of and concerning the said evidence so given by the said plaintiff as aforesaid, the false, scandalous, malicious, and defamatory words following, that is to say, &c. [here set out the words, with innuendoes.]-By means, &c. [as in the preceding form, to the end.] slanderous [Commencement and conclusion as usual, as ante, 596.]-For that whereas the 12. For said plaintiff now is a good(e), true, honest, just, and faithful subject of this realm, and as such hath always behaved and conducted himself, and until the committing of the several grievances by the said defendant, as hereinafter men (c) See the notes to the preceding form, and another form for a libel, charging plaintiff with perjury, ante, 620. (d) See the notos to the preceding form. words, directly accusing the plaintiff of perjury or other speci (e) That there is no necessity for this induce- fic offence ment of general good character, see ante, 620, (d). notes. |